Section 2004 of the ARP Act includes new maintenance of equity provisions that are a condition for State educational agencies (SEAs) and local educational agencies (LEAs) to receive funds under ARP ESSER. These provisions are in place to ensure that essential resources are meeting the needs of students who have been subject to opportunity gaps in our education system.
ESSER III contains new LEA Maintenance of Equity requirements regarding Per-Pupil Funding and FTE Staff in the highest poverty schools served by the LEA. These requirements must be met to receive ESSER III funds from the American Rescue Plan (ARP) Act. LEAs may not reduce per-pupil funding (from combined state and local funds) or FTE staff in High Poverty Schools more than the rate that may be reduced across all schools in state FY22 (SY21-22) and FY23 (SY22-23)
These requirements do not apply to all LEAs. LEAs with less than 1,000 students that operate a single school or that serve all students within each grade span with a single school are excluded from these requirements.
New Mexico’s ESSER MOE Data
LEAs that are excepted from the local maintenance of equity requirements in fiscal year (FY) 2023
New Mexico’s LEA-Level FY2022 Maintenance of Equity Plan
US Department of Education’s (USED) Maintenance of Equity FAQ